Can I take my daughter and move out of state to be closer to my family?

I'm not married to the father, we do live together, but I need to leave. He is abbusive and I need to move closer to my family, who live in another state, for support and help. Am I legally aloud to take her out of state without his permission?
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Answers (2)

Shannon T. Warren

Shannon T. Warren

Contributor Level 3
I practice in Texas and am not licensed to practice in Ohio. Ohio law would control regarding the rights and duties of the parents. That being said, in many jurisdictions the following would apply:

If there is a current court order establishing the father's right those orders would be controlling. Paternity orders often include specific possession rights for the father and not infrequently a geographical restriction.

If there are no orders, or if there are orders with no geographic restriction, you can leave the state and his permission would not be required.
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Paul Michael Kocsis

Paul Michael Kocsis

Contributor Level 5
Under Ohio law, unmarried mothers are the sole custodians of their children. Even if paterntiy was estabished by affidavit at time of birth, this does not give the fathers any parental rights over children. To do so, the father must obtain a court order outlining his rights to parenting time with a child. If there is no court order, then you are able to move with the child without the consent of the father. If there is an order, you need to file a motion to modify the order to allow you to move with the child to a new jurisdiction.
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